- (1.) THE petitioner, who claims himself to be belonging to a Scheduled Tribe, namely, Tharu, being aggrieved by the order passed by the District Magistrate, Raebareli dated 8.9.2007, rejecting his claim for issuance of the caste certificate of Scheduled Tribe, has approached this Court under Article of the Constitution.
(2.) ON considering the pleas raised by the petitioner's counsel as well as the counsel for the State Sri H.P. Srivastava and going through the order passed by the District Magistrate, it leaves no ambiguity that the documents which are being relied upon by the petitioner in the writ petition for establishing that he belongs to Tharu Scheduled Tribe, have well been discussed by the District Magistrate in his order and for the reasons given therein, they have not been found to be valid or sufficient for upholding the claim of the petitioner that he belongs to Scheduled Tribe. We also find from the order that a Committee consisting of government officers named therein, had undertaken the task of testing the validity of the claim of the petitioner regarding issuance of caste certificate of Tharu Scheduled Tribe and they have found that in Tehsil Lalganj, District Raebareli, no person belonging to Tharu caste was living. The documents with respect to the census of the year 1971 have also been considered by the District Magistrate, who has given reasons for not relying upon the subsequent census.
(3.) WE need not enter into the validity of the order passed by the District Magistrate, in view of the fact that the learned Counsel for the petitioner has submitted that the petitioner having been declared to be belonging to Scheduled Caste, a direction be issued for issuance of caste certificate of Scheduled Caste and he forgoes his claim for treating him to be a person belonging to Scheduled Tribe.;